The former exists without being enshrined in law, whereas the latter is segregation created by law.

The latter is segregation that is enshrined by the legislature, whereas the former is segregation that is established by the Judiciary.

The former is discrimination against minorities, whereas the latter is discrimination against the majority.

The former has been illegal since the Civil Rights Act of 1964, whereas the latter is technically still constitutional.

The latter attempts to undo previous discrimination through affirmative action, whereas the former seeks to further entrench racial divisions.